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(영문) 서울남부지방법원 2019.11.07 2018가단239534
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff supplied 202,671,869 won (i.e., brusation and cutting) to the Defendant, who is engaged in manufacturing and wholesale business of clothinging materials from December 2, 2016 to October 2017, which was not paid by the Defendant as a result of receiving KRW 142,642,70 from the Defendant, remains 60,029,169.

(hereinafter “instant goods payment claim”). B.

In Seoul Rehabilitation Court 2018 Gohap100159, the rehabilitation case was decided on August 24, 2018, and the decision of approval for the rehabilitation plan was made on January 23, 2019.

C. In the above rehabilitation case, the Plaintiff reported the price claim of the goods of this case as a rehabilitation claim, and the Defendant cancelled the above claim and entered the Plaintiff’s price claim in the rehabilitation table of the rehabilitation plan against the Defendant in the list of rehabilitation creditors.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, substantial fact in this court, purport of whole pleadings

2. The plaintiff asserted that the plaintiff sought payment of the price of the goods of this case against the defendant.

3. Whether the lawsuit in this case is lawful

A. According to the relevant legal principles and the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), when any custodian, rehabilitation creditor, rehabilitation secured creditor, shareholder, or equity right holder raises an objection during the rehabilitation procedure or on the special inspection date, the details of the reported rehabilitation claims and rehabilitation security rights, etc. and the amount of voting rights are determined (Article 166 of the Debtor Rehabilitation Act). When any rehabilitation claim and rehabilitation security right are entered in the table of the rehabilitation creditors and the rehabilitation secured right, the entry therein has the same effect as a final and conclusive judgment for all rehabilitation creditors, rehabilitation secured creditors

(Article 168 of the Debtor Rehabilitation Act). In such cases, any rehabilitation creditor or any rehabilitation secured creditor shall be based on the table of rehabilitation creditors or the table of rehabilitation secured creditors.

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